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Neighbourhood Planning Act 2017
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Neighbourhood Planning Act 2017, Section 4 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Act excluded in part by S.I. 2020/1297 art. 3(1)(g) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
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- Act excluded in part by S.I. 2024/752 art. 3(1)
4Modification of neighbourhood development order or planE+W
This section has no associated Explanatory Notes
(1)Section 61M of the Town and Country Planning Act 1990 (revocation or modification of neighbourhood development orders) is amended in accordance with subsections (2) and (3).
(2)After subsection (4) insert—
“(4A)A local planning authority may at any time by order modify a neighbourhood development order they have made if they consider that the modification does not materially affect any planning permission granted by the order.”
(3)In subsection (5)—
(a)for “that order” substitute “ the neighbourhood development order mentioned in subsection (4) or (4A) ”, and
(b)after “(4)” insert “ or (4A) ”.
(4)The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsections (5) to (10).
(5)In section 38A (meaning of “neighbourhood development plan”) after subsection (11) insert—
“(11A)Subsection (11) is subject to Schedule A2, which makes provision for the modification of a neighbourhood development plan.”
(6)Section 38C (neighbourhood development plans: supplementary provisions) is amended in accordance with subsections (7) to (9).
(7)After subsection (2) insert—
“(2A)Section 61F of the principal Act is to apply in accordance with subsection (2) of this section as if—
(a)subsections (8)(a) and (8B) also referred to a proposal for the modification of a neighbourhood development plan,
(b)subsection (13)(b) also referred to a proposal for the modification of a neighbourhood development plan made by a neighbourhood forum, and
(c)subsection (13)(c) also referred to any duty of a local planning authority under paragraph 7, 8 or 9 of Schedule A2 to this Act.”
(8)In subsection (3)—
(a)the words from “the words” to the end of the subsection become paragraph (a), and
(b)at the end of that paragraph insert “, and
(b)the reference in subsection (4A) to a modification materially affecting any planning permission granted by the order were to a modification materially affecting the policies in the plan.”
(9)In subsection (6)—
(a)the words from “on proposals” to the end of the subsection become paragraph (a), and
(b)at the end of that paragraph insert “, or
(b)on proposals for the modification of neighbourhood development plans, or on modifications of neighbourhood development plans, that have already been made.”
(10)After Schedule A1 insert the Schedule A2 set out in Schedule 1 to this Act.
Commencement Information
I1S. 4 in force for specified purposes at Royal Assent, see s. 46
I2S. 4 in force at 31.1.2018 in so far as not already in force by S.I. 2018/38, reg. 3(b)
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